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HomeMy WebLinkAboutOrd 421-2008 Creating Public Pools and Spas Rules.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 421-2008 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING PART 11 OF THE ANNA CITY CODE OF ORDINANCES BY CREATING A NEW "ARTICLE 37. PUBLIC POOLS AND SPAS RULES" PROVIDING FOR THE ADOPTION OF CERTAIN TEXAS DEPARTMENT OF STATE HEALTH SERVICES RULES GOVERNING PUBLIC POOLS AND SPAS IN THE CITY; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF SAID RULES NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF WHEREAS, the City of Anna, Texas, City Council ("City Council") has investigated and determined that it would be advantageous and beneficial to the City of Anna, Texas ("City) and its citizens to adopt certain rules set forth by the Texas Department of State Health Services relating to Public Pools and Spas and to provide for City enforcement of said rules; and WHEREAS, the City Council finds that said adoption is best accomplished by amending Part II of The Anna City Code of Ordinances ("Anna Code") by creating a new "Article 37. Public Pools and Spas Rules" that incorporates and provides for City enforcement of Texas Department of State Health Services rules set forth in Texas Administrative Code, Title 25, Part 1, Chapter 265, Subchapter L, as may be amended by the Texas Department of State Health Services, and as amended herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment In accordance with Part 11, Article 1, Section 9 of the Anna Code, the City Council amends Part II of said Code by creating Article 37. Public Pools and Spas Rules, as follows: Article 37. Public Pools and Spas Rules Section 1. Purpose The purpose of these rules is to, among other things, safeguard public safety by requiring safe public pools and spas. These rules are found to be in the interest of Ord. 421-2008 Cmatag r Adca 37 Pubic Pooh and Spas RuW.d 1 124)9-08 Section 2. Adoption of Deparbnent of State Health Services Standards for Public Pools and Spas (a) The Texas Department of State Health Services Standards for Public Pools and Spas, adopted by the Texas Board of Health in Texas Administrative Code, Title 25 (Health Services), Part 1 (Department of State Health Services), Chapter 265 (General Sanitation), Subchapter L (Standards for Public Pools and Spas), (collectively referenced in this Article as the "Texas Department of Health Pool Rules"), which establish regulations for the design, construction, operation, repair and maintenance of all public pools and spas, are hereby adopted, save and except the amendments set forth below. The Texas Department of Health Pool Rules, save and except the amendments set forth below, are made a part of this Article as if fully set forth herein. Copies of the Texas Department of Health Pool Rules are on file in the office of the Anna City Secretary being marked and designated as the Texas Department of Health Pool Rules, published by the Texas Board of Health, General Sanitation Division. Anna amends the Texas Department of Health Pool Rules as follows: (1) Section 265.182 (112) is amended such that the "regulatory authority" referenced therein is the City of Anna, Texas, including its duly authorized agents. (2) Section 265.186. (Decks, Entry/Exit, Diving Facilities and Other Deck Equipment at Post -1011/99 and Pre -10/1/99 Pools and Spas) is amended as follows: (a)(14) Deck(s) shall be sloped to effectively drain to perimeter areas or to deck drains. Drainage shall remove pool and spa splash water, deck cleaning water and rainwater without leaving standing water deeper than one-eighth (1/8) inch. Drains removing all water on deck(s) shall be routed to the storm sewer system or as otherwise approved by current local Plumbing Code, as amended. Water from deck drainage shall not be mixed with pool or spa water. (3) Section 265.187 (Circulation Systems for Post -10/1/99 and Pre -10/1/99 Pools and Spas) is amended as follows: (a) Suction outlet covers or grates for post -10/1/99 and pre -10/1/99 pools and spas. Suction outlet covers or grates must be provided for post -10/1/99 and pre 10/1/99 pools and spas in accordance with Section 265.190(c) of this title (relating to Suction Outlets and Return Inlets in Post -10/1/99 and Pre -10/1/99 Pools and Spas). If the owner or operator of a post -10/1/99 or pre -10/1/99 01d.02008 Creadrig naw ANda 37 Public Pwis ami Spas Rulss.d 2 12-09-08 a suction outlet cover or grate is missing, broken, or loose, the pool or spa must be closed immediately and the pump(s) must be shut off. The pool or spa must remain closed until a proper repair or replacement has been accomplished. Repair must be inspected by the local regulatory authority before the pool or spa is allowed to reopen. (4) Section 265.188 (Fitters) is amended as follows: (h) Backwashing for post -10/1/99 and pre -10/1/99 pools and spas. All backwash systems shall be discharged to the sanitary sewer system through an approved p -trap unless prior approval for alternate disposal is obtained from the local regulatory authority. See also Section 265.196. (5) Section 265.190 Suction Outlets and Return Intets at Post -10/1/99 and Pre - 10/1/99 Pools and Spas is amended as follows: (e) Upgrading suction outlet systems on pre -10/1/99 pools and spas. (1 ) In a pre -10/1/99 pool or spa, suction outlets that are four feet deep or less, as measured from the normal water level to the suction outlet, must have for each suction system: (A) dual hydraulically balanced suction outlets with approved covers as described in subsection (c)(1) or approved grates as described in subsection (c)(4) of this section with a distance between the suction outlet fittings no less than three feet, inside edge of the cover or grate to inside edge of the cover or grate, and no more than 20 feet, and either an AVS or SVRD as described in subsection (d)(3) of this section; (C) dual hydraulically -balanced, suction outlets with a distance between the suction outlet fittings no less than three feet, inside edge of the cover or grate to inside edge of the cover or grate, and no more than 20 feet, each with a minimal diagonal measurement of 24 inches and a flow velocity through the open area of the grate that does not exceed 1.5 feet per second. (3) In a pre -10/1/99 pool or spa, suction outlets that are more than four feet deep, as measured from the normal water level to the suction outlets, must have, for each suction system: (A) two or more hydraulically -balanced suction outlets with a distance between the suction outlet fittings no less than three feet, inside edge of the cover or grate to inside edge of the cover or grate, and no more than 20 feet, each with a minimum diagonal measurement of 24 inches and a flow velocity through the open area of the grate that does not exceed 1.5 feet per second. (6) Section 265.196. Waste Water Disposal at Post -10/1/99 and Pre -10/1/99 Pools and Spas is amended as follows: Ord.0608 creasing rrew ANCAe 37 Public Pools and Spas Rules.doc 3 12-M08 (a) Filter backwash disposal for post -10/1/99 and pre -10/1/99 pools and spas. Filter backwash water and pool or spa drainage water from post -10/1/99 and pre -1011199 pools and spas shall be discharged or disposed of in accordance with the International Plumbing Code as adopted by the local regulatory authority. (7) Section 265.199 (Specific Safety Features) is amended as follows: (c) Depth markers for post -10/1/99 pools. Post -10/1/99 pools shall have markers showing depth and unit of measurement for the depth, complying with the following: (2) Depth and unit markers number and unit markers on decks shall be slip -resistant tile, flush mounted, placed within 24 inches of the water's edge, and positioned to be read while standing on the deck facing the water. Spray paint, painted on and vinyl lettering units of measurements are prohibited. (d) Depth markers for pre -10/1/99 pools. Pre -10/1/99 pools shall have markers that comply with the following: (2) Pre -1011/99 depth markers and any unit markers shall be slip resistant, flush mounted, placed within 24 inches of the waters edge, and positioned to be read while standing on the deck facing the water. Spray paint, painted on and vinyl lettering units of measurements are prohibited. Pre -10/1/99 existing vinyl lettering may be continued to be used as deck depth markers, units of measurement and required signage. In addition to any other requirement herein, slip -resistant tile markers, flush mounted shall be mandated in place of the vinyl lettering if anyone of the following conditions occurs: (A) Three consecutive inspections performed by the local regulatory authority note a deficiency in the vinyl lettering. A deficiency shall include, but is not limited to, a vinyl letter which is damaged, missing or illegible; (B) If the local regulatory authority reasonably deems that there is a safety hazard, whereby installing the slip -resistant, flush mounted tiles, would abate, correct or prevent the hazard; (C) Renovations to the pool area, including amenity center, pools(s), spas or pool enclosure exceeding thirty percent (30%) of the square footage of the pool area; (D) Failure of property owner, or its designee, to obtain an approved Certificate of Occupancy; or (E) Violation(s) of any provision of this Article. (f) Signs for post -10/1/99 and pre -10/1/99 pools. (1) Post -10/1/99 and pre -10/1/99 pools shall comply with the following sign requirements: (C) For pools where no lifeguard service is required, a warning sign shall be placed in plain view and shall state "WARNING -NO Ord4s'"2008 Crea9rg eew Arlicle 37 Public Pools and Spas Rules.doc 4 12-09-08 high "CHILDREN SHOULD NOT USE POOL WITHOUT ADULT SUPERVISION". The sign shall also state "ADULTS SHOULD NOT SWIM ALONE", "NO GLASS IN POOL AREA", "SWIMMERS MUST SHOWER BEFORE ENTERING POOUSPA" and "NO ANIMALS IN POOL AREA". The additional signage required in this subsection may be included on the sign described in paragraph (2) of this subsection. The language on the sign may impose stricter adult supervision requirements for children using the pool. (D) When a required telephone is not readily visible from a post - 10/1/99 or pre -10/1/99 pool or spa, directions shall be posted regarding its location as stated in subsection (i) of this section. When the required telephone or electronic means does not have immediate dial tone operation, clear instructions regarding the exact operation shall be legibly provided on a sign and located at the telephone. The local regulatory authority shall approve the wording of all required signs. Q) Telephones at post -10/1/99 and pre -10/1/99 pools and spas. Post -10/1/99 and pre -10/1/99 pools and spas shall have a telephone or other electronic means approved by the local regulatory authority capable of immediately summoning emergency service readily accessible within 100 feet from the pool or spa water. The telephone or other approved electronic means shall be located at the same address as the pool(s) and spa(s). Any electronic means of summoning emergency service will qualify as a telephone if clear instructions for its use are provided by signage. A telephone that is answered by an on-site office does not meet the requirements of this subsection. A sign in plain view of the pool or spa shall state in letters at least four inches high: "IN CASE OF EMERGENCY CALL 911 (or other appropriate emergency number or action)." A sign shall be placed at the telephone or other approved electronic means of summoning emergency service stating the address of the pool. The following shall also apply to telephones for post 10/1/99 and pre - 10/1/99 pools and spas: (5) Regardless of where the telephone is located or whether the gate(s) or door(s) are locked, a sign must be installed inside the pool yard or spa yard in plain view of the pool or spa and state in at least four (4) inch high letters: "IN CASE OF EMERGENCY, DIAL 911" (or other appropriate emergency number or action). If the telephone is not readily visible from the pool or spa, the sign inside the pool yard shall include a concise description of the location of the telephone. (8) Section 265.200 (Pool Yard Enclosures) is amended as follows: (b) Enclosures for post -10/1/99 or pre -10/1/99 Class C pools and spas and Class D pools at Class C facility that are subject to Health and Safety Code, Chapter 757. (1) The pool yard or spa yard enclosure for a post- 10/1/99 or a pre- Ordl"2008 Creating sew Article 37 Public Pools and Spas Rulea.doc 5 12.0"8 height of at least 72 inches as measured from the ground surface on the outside of the fence. (c) Enclosures for all other post -10/1/99 or pre -10/1/99 Class C pools and spas and Class D pools at Class C facilities. (1)(A) The enclosure is recommended to have a minimum perpendicular height of at least 72 inches as measured from the ground surface on the outside of the fence. (9) Section 265.201 (Dressing and Sanitary Facilities at Post- 10/1/99 and Pre - 10/1/99 Pools and Spas is amended as follows: (f)(3) Shower(s) and lavatory(s) water temperature shall be controlled by anti - scald devices. The water heater and thermostatically -controlled mixing valves shall be inaccessible to users and shall be capable of providing two gallons per minute of water, not to exceed 110 degrees Fahrenheit with a minimum of 90 degrees Fahrenheit water to each shower head. A shower can be located on the deck of the pool if proper wastewater disposal is provided as approved by the local regulatory authority. Construction of the shower drain shall be in accordance with the local Plumbing Code, as amended, and shall be constructed to minimize the entrance of storm water. The shower need not be enclosed in Class C pools. (g) Sanitary facilities serving post -10/1/99 pools or spas in hotels, motels or condominiums. Post -10/1/99 Class C and D pools and spas located in a hotel, motel or condominium complex are not required to have the following facilities (3) Deleted. (5) Deleted. (7) Deleted. (10) Section 265.203 Operation and Management of Post -10/1/99 and Pre - 10/1/99 pools and Spas is amended as follows: (a) Required operator certification and training for certain types of Post - 10/1/99 and pre -10/1/99 pools and spas. Post -10/1/99 and pre -10/1/99 Class A or B pools and Class D pools operated in conjunction with a Class A or B pool, as well as post -10/1/99 and pre -10/1/99 Class C or D pools and spas located at Class C facilities, shall be maintained under the supervision and direction of a properly trained and certified operator who is responsible for the sanitation, safety, and proper maintenance of the pool or spa, and for maintaining all physical and mechanical equipment and records. Training and certification can be obtained by completion of one of the following courses or their equivalent: (1) the NRPA, "Aquatic Facility Operator" (A.F.O.); (2) the NSPF, "Certified Pool -Spa Operator" (C.P.O.); (3) YMCA, "Pool Operator on Location" (P.O.O.L.); (4) the NSPI, "Professional Pool & Spa Operator" P.P.S.O. ; or Ord.40'2008 Crewing new Artlde 37 Public Pools and spas Ruft.tcc 6 12-09-08 Facility Technician" (L.A.F.T.). (11) Section 265.204 (Water Quality at Post -10/1/99 and Pre -10/1/99 Pools and Spas) is amended as follows: (c) Testing frequency for post -10/1/99 and pre -10N99 pools and spas. When a post -10/1/99 or pre -10/1199 Class A or B pool is open for use or when a post -10/1/99 or pre -10/1199 Class D pool operated in conjunction with a Class A or B pool or spa is open for use, a test for disinfectant level and pH shall be conducted at least every 2 hours to assure compliance with subsection (a) of this section relating to required water quality parameters. In lieu of the above testing frequency, if a system is used to automatically control disinfectant and pH, testing for disinfectant level and pH shall be made once per day. If necessary, tests shall be conducted more frequently to assure proper disinfectant level and pH. When a class C or D pool or spa located at a Class C facility is open for use, it shall be required that tests for disinfectant level, and pH be made two or more times per day to assure compliance with subsection (a) of this section relating to water quality parameters. In lieu of this testing frequency, if an automatic system is used to control disinfection and pH, it shall be required that testing for disinfection and pH be made at least once per day. To assure proper disinfectant levels and pH, tests shall be conducted more frequently if necessary. If inspections by regulatory authorities indicate non-compliance with subsection (a) of this section relating to water quality parameters, then the local regulatory authority may require that these tests be done at an appropriate frequency and may require recording in accordance with subsection (e) of this section. (d) Other required tests for post -10/1/99 and pre -10/1199 pools and spas. Test(s) for total chlorine, cyanuric acid, alkalinity and hardness at post - 10/1/99 and pre -10/1/99 pools and spas shall be conducted as necessary to assure proper chemical control. A test for cyanuric acid shall be conducted a minimum of one time during the operating season. (f) Microbiological quality standards. Microbiological examination may be requested when deemed necessary by Anna. These samples shall be examined in accordance with the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater, or as amended, (APHA, AW WA, and WPCF). All related fees shall be paid by the owner/operator of the pool or spa. (12) Section 265.205 (Spa Construction, Operation, and Maintenance) is amended as follows: (f) Other safety related requirements for post -10/1199 and pre -10/1199 spas. Post- 10/1/99 and pre -1011/99 spas shall comply with the following. (4)(B) There shall be a minimum of two deck depth markers per spa, regardless of spa size or shape. There shall also be an International No Old 4&- 0M Creating new Article 37 POW Pods aW Spas R.Iwd c 7 12-09a new and existing spas. In no event shall there be less than two International No Diving Symbols located at each new and existing spa. (4)(F) Deck depth markers in or on the deck surfaces shall be slip resistant tile, flush mounted. (7) Signs. Signs for post -10/1/99 and pre -10/1/99 spas shall be securely mounted and readily visible to the spa user from inside the spa enclosure. Signage shall state the following: (F) "ALCOHOL SHOULD NOT BE CONSUMED PRIOR TO OR WHILE USING SPA" (13) Section 265.208 (Enforcement) is amended as follows: (a) If inspections by the local regulatory authority determine that a person has caused, suffered, allowed or permitted a violation of Health and Safety Code 341.064 or any of these rules, the department or local regulatory authority may, among other things, in accordance with Health and Safety Code 341.092, assess civil penalties, seek injunctive relief in district court, or both. If inspections by the local regulatory authority determine that the operation or maintenance of the pool, spa, or facility constitutes a serious health or safety hazard for the user, the local regulatory authority may request voluntary immediate closure, perform involuntary closure, seek injunctive relief in district court, and/or use any other enforcement methods and/or remedies available. The local regulatory authority may take any and all appropriate legal remedies available to it including, but not limited to, immediately posting the pool closed. Whenever a pool voluntarily closes or is required to cease operation at any time, all access to the pool shall be restricted and a notice shall be posted at every entrance notifying the public that the pool is closed until further notice. Whenever a pool closes by mandate of the local regulatory authority or is required to cease operation, all access to the pool shall be restricted and a notice shall be posted at every entrance notifying the public that the pool is closed until further notice. Whenever a pool is involuntarily closed, operation can only be resumed when evidence is presented that all deficiencies that caused closure have been corrected and if explicitly authorized by the local regulatory authority. Such evidence may be in the form of a re -inspection by the local regulatory authority, or by other evidence acceptable to the local regulatory authority. (f) The City Manager, or his/her designee, shall be responsible for the enforcement of the terms of this Article. Section 3. Offenses A person, firm, corporation or business entity commits an offense if. (a) they violate any provision of this Article; the 01d W-2008 Cosafvg new Mele 37 Public Pools and Spas Rules.doc 8 12-0900 (c) the owner or designated manager of such pool knowingly allows the pool to be used for swimming, diving or bathing purposes when it is closed or posted closed, whether voluntarily or involuntarily; or (d) they occupy the pool area at any time the pool is closed, whether voluntarily or involuntarily. Section 4. Penalty Any violation of any of the terms of this Article, whether denominated in this Article as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. of (Ord. No. _JgL-.Z?adopted 12/92008) Section 3. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 9' day of December, 2008. ATTESTED: APPROVED: